Jeffrey Roberts
Have you ever thought, “I’m going to sue”, after someone has done you wrong? A civil lawsuit often seems like a simple remedy for everything from unpaid debts to property owner negligence. But nothing is as simple as it seems. Civil litigation and its subsequent judgments certainly are not.
Are you thinking of suing someone? If so, is it safe to assume that you are looking for some sort of monetary award? Be careful. You could be in for some big headaches should you win your case. Not that you should not sue. Rather, it is to say that you need to be prepared for the aftermath.
Enforcement Is Your Problem
The most important thing to know is that courts do not get directly involved in enforcement efforts. They are only role after the fact is to respond to future motions. Actually collecting a monetary award is your problem. It is your responsibility.
Things are different in the criminal court. After being found guilty, the judge hands a defendant a sentence. The judge then compels the court officer to take the defendant into custody, whereupon their sentence begins. That is not how it works in civil court.
At the conclusion of a civil case, any judgments rendered are entered into the court record. It’s at that point that you could begin thinking of collection efforts. You might have to wait several weeks in order to give the other party time to appeal. After that, you could start collection efforts.
Gathering Important Information
Gut the first step in collection is gathering important information. You are going to want information about the debtor’s address, employment, salary, and assets. You basically have three ways to glean this information:
- Interrogatories – Interrogatories are a series of questions the debtor is compelled to answer. In some states, the questions are furnished in written form. In others, interrogatories are conducted in person.
- Court Hearing – A debtor failing to cooperate with interrogatories could be subject to an arrest warrant compelling him to appear in court. The subsequent court proceeding involves the creditor’s attorney asking appropriate questions.
- Deposition – A third option in some states is the deposition. A deposition compels the debtor to sit down with a creditor’s attorney and furnish the required information.
All three options seem like effective ways to gather information. But what’s to stop a debtor from either lying or not being fully forthcoming? Very little. So judgment creditors cannot stop looking at other sources of information.
Digging for Additional Information
Experienced attorneys and collection agencies now that interrogatories and depositions don’t always provide all the information creditors need. They are smart enough to know that they will have to dig for more. Digging around is one thing Salt Lake City-based judgment collectors does whenever they take a new case.
Judgment Collectors scours public property records. They take a look at court records, credit reports, social media, and a variety of proprietary databases capable of uncovering information a debtor did not willingly disclose during interrogatories or a deposition. That undisclosed information is like gold in the judgment collection game.
Arranging for Payment
As the judgment creditor, it’s up to you to take all the information you have gathered and use it as leverage for arranging payment. You may have to apply for a writ of garnishment. You may have to seize debtor property with a writ of execution. Or maybe you’ll get lucky and the debtor will voluntarily agree to a payment plan. One way or another, you have your work cut out for you.
